...instead spent an entire y aboard a flight from hell. allegiant flight 1032 was scheduled to depart oaklandt 9:30 yesterday morning. but there was a problem with the plane, and a replacement was called in. but its 3:30 departure was canceled because the plane s overheated. another plane was due to lee at 6:30 ... but it also had problems. they finally got off the gr at 8:48 last night, and mad to provo.... full of angry passengers who sent us video statements. "i have been imprisoned by allegiant airlines for overe hours and i am outraged. th airline should go out of business immediately." are you going to fly allegi no never again. i'll probab tell everyone not to fly it either. my husband says we are never flying allegiant again. i he been at the airport since 1 6 this morning. and im so f "this is cruel and unusual punishment. these people ar insensitive. been 12 hours the airport and its ridicul they should be out of busin"

allegiant says it offered t option to cancel or reschede the flight at no extra cost. ito says it offered 100 dollar flight vouchers. some of the passengers tell us theyl not be flying allegiant aga. happening today in santa ro: it could possibily be the largest protest yet followi the killing of a 13- year-o boy by a sheriff's deputy. kpix five's joe vazquez hase about the deputy who shot t teenager. as sonoma county deputies prepare barricades for whats expected to be yet another e demonstration ... their colleague, deputy erick gelhaus - is on administrative leave followg the shooting of a 13-year o boy. investigators say andy lopez pointed a toy gun at gelhaus and another deputy. sheriff says gelhaus - who s been with the department for

.. feels terrib as sonoma county deputies prepared barricades for what is expected to be yet another large demonstration, their colleague is on administrative league following the shooting of a 13-year-old boy. investigators say andy lopez pointed a toy gun at gelhaus and another deputy. the sheriff says gelhaus has been with the department for 20 years and feels terrible. >> it's a horrible tragedy for all involved. >> but here at the neighborhood memorial where more than a hundred mourners have gathered for the sixth night in a row, there is no evidence of any sympathy for the deputy in this matter. >> what do you feel toward that deputy? >> i'm mad. it sucks to lose one of my friends. >> deputy gelhaus has been a prolific contributor to several gun web sites and police magazines. a veteran of the war in iraq, gelhaus was commissioned to write an article for swat

magazine in 2008 to talk about how to survive an ambush. describe tg mind set you mean to have he said, quote, today is the day you may need to kill someone in order to go home, and he went onto talk about the nano second you might need to react while simultaneously thinking about your children and spouse. >> andy lopez is the first person to ever die in an officer-involved shooting in sonoma county this is the woman police say struck and killed a couple out for a walk last week. she's 54-year-old marjorie from redwood city. they were walking when they were hit thursday evening. they leave behind three teenage children. she now faces manslaughter and felony dui charges. happening today, san francisco supervisors will discuss a new tax on soda. scott weiner now lobbying for a 20 cent surcharge on each can or bottle sold here in the city.

the money would pay for health, nutrition and activity programs for young people. >> as long as i know for sure it's definitely going towards that program and definitely going towards that cause then, yeah, i'd pay for the tax. >> sugar is terrible for you. i feel like people would stop drinking sugary soda if it was 25 cents extra. similar tax measures were defeated last year in richmond and in los angeles county town of el monte. the snow is coming down. more than a foot has fallen in the highest elevation. ian schwartz with more on the season's first storm. >> a week ago we were dealing with temperatures near 80 degrees up here in the sierra but now snow are reminding drivers winter is not far off. >> weeks of sun and warmth

tooshg a backseat to temperatures and snow today in the sierra. >> it was quite a change. >> scenes like this make snow junkies like jason smith sal fing. not everyone was welcoming the winter blast, though. traffic came to a crawl as i-80 drivers forced to put on their chain. >> this one here is the second one tonight. >> slick roads got ahold of this driver before chain controls went up. >> tow truck drivers james says the surprise snow for some always means a busy night for wrecks >> i'm sure there's going to be more before it's over with. people just need to go slow. >> if you have travel plans on i-80 tonight be sure to bring your chains. chain control is up for donner summit. in the sierra, ian schwartz kpix 5 >> it's not even halloween yet. >> i know it. i love it. it's great. looks like the system continuing to woishths way on by. in fact, not done with the snowfall across the high country

just yet. we're going to see more snow isn't the sierra nevada. you can all see that area of low pressure rotating all through. it's that wrap around moisture bringing that cold air into the buy bay area. we've got partly to mostly cloudy skies outside right now. 40s and a 0s if you're headed out the door. it's going to be a very brisk and breezy day today. those temperatures going to stay cool, about 59 degrees in san francisco. 56 in pacifica. 63 degrees in concord, maybe 64 grows, one of the warmer spots in livermore. out the door we go, and sefrg pretty good on the roads so far so at 4:36 this morning, you got to start the morning drive and in the south bay, here's a live look at 101. obviously there is no major brake lights through this stretch. it looks good all the way up towards santa clairea.

there's westbound 580. in the clear right now. it looks good actually out of tracy on 205 and continues westbound 580 all the way through the livermore valley. those headlights you see there, that is the commute direction, and everything is still moving at the speed limit. see a lot of green on our sen source all the way around the east bay. maybe that overnight road work approaching those 80 exits near downtown oakland but not causing a delay to your drive time, and bart everything is good to go here, as well. so far reporting no delays. that's your latest traffic. back to you. >> thank you, liz. now, a hayward man could have been killed as he sat and watched a movie. kpix 5 reports a car crash right in his bedroom that landed right beside him. >> it's never a good day when there's sign in your bedroom, but it could have been a lot worse. gonzales was home in his bedroom watching mission impossible 2 around 3:00 when he heard

something on jackson street. . gonzales wounz the receiving end of a very tom cruise moment. then out popped a driver who apparently made a turn a little too quickly. he told gonzales this. >> my car is totalled. >> kind of like gonzales's house. neighbor enrique lives upstairs and came home to fire engines and bright red tape that read, "danger, hazardous area, keep out." >> my first thought is wow, again, because it happened about nine to eight years ago. >> eight other people are looking for a place to stay. the building isn't safe. but for gonzales, who was inches away from getting run other by a detroit muscle car, the pain of having a hole in his bedroom overshadowed by this feeling. >> very lucky. >> in hayward, andrea, kpix 5.

>> fire marshalls say the house will be uninhabitable for the next couple of days or at least until significant repairs can be made. a jury could start delivering the fate of a north bay teen today. the 19-year-old is accused of repelling into a san francisco car dealership in 2011 and stealing the $200,000 car. took the stand yesterday just for five minutes. he told the court he never gave permission for anyone to take his car. >> for me, as a guy that talks on tv all the tierjs i was spriedz it was that short. i just want to keep it straight and to the point. let's wrap this up. >> the suspect allegedly stole the car to impress a girl. also accused of trying to kill that same girl and her then boyfriend. today is the one-year anniversary of superstorm sandy, and even now many vims are trying to rebuild their homes and lives. duncan reports from one of the

hardest-hit communities around the new york city area. >> breezy point is slowly coming back from superstorm sandy one wall at a time. >> i'm looking, and i think we've come a long way. >> long is building a new home. her old house was one of the 135 that burned to the ground when water triggered a massive electrical fire. >> no one ever expected fire and the hundred-mile winds that destroyed our community. >> sandy caused catastrophic devastation along the mid atlantic coast. at least 147 people were killed and some 650,000 homes were damaged or destroyed. thanks to several volunteer organizations, she and her three children returned to their home back in staten island yesterday. the storm's rising waters forced

the family to escape to their attic. >> we're all up here. the water is so high up. >> they were evacuated by boat after 12 hours. >> i'm not wishing nobody to experience anything like this, to stay with your three kids on the attic with no water, no lights, no warm clothes. >> as communities like staten island and broez si point continue to cover, it's obvious these tight-knit communitys are determined to rebuild and replace what they've lost. cbs news breezy point chl >> storm caused an estimated $50 billion in damage. that makes it the second-costliest weather disaster in u.s. history right after hurricane katrina. time now 4:41. tesla on fire. the new video surfacing after another tesla is in engulfed in flames. the and the new change the white house may be making after the united states is cut spying on one of its allies. ,,,,,,,,,,,,,,

a house fire near valencia d 26-th damaged fo smoke poured into the sky over san francisco's mission district yesterday afternoon.

a house fire near valencia damaged four buildings and displaced several people. luckily no one was injured. and for the second time a week, a tesla crashes and bursts into flames. kiet do that has video. >> whatever gains tesla stock gains recently went up in smoke. catchtured this model s ablaze and gave it to the newspaper, explosion, curse words and all. tesla owner watched the footage for the first time and offered to translate the reaction. >> i can't say that. that's, like, a very very bad word. >> the driver waz lenledly drunk when he crashed through two walls and hit a tree. the newspaper reported the driver fled the scene before firefighters doused the flame. >> that's a tesla, dude >> three weeks ago, the very first tesla fire was captured on video in washington state.

the driver hit a piece of metal debris that punctured the battery pack. every tesla owner we spoke with was unphased by the wo fires. >> cars are going to burn. it happens all the time. >> the battery pack runs the length of the chassis and is one of the safest cars on the road. >> they have shown the car has really helped, you know, the people involved stay safe. >> tesla issued a statement saying the driver in mexico is appreciative of the safety and performance of the car and has asked if we can expedite delivery of his next model s. kiet do, kpix 5. >> tesla stock dropped 15% since that fire up in washington earlier this month. time now, let's get a check on the weather. is it too early to talk about the weengd? >> it's never too early to talk about it. the weekend is going to be great. little cool out there. low pressure spinning close to the bay area, bringing few showers outside, snow to the

high country. things selth down just a bit now in most spots outside, but high def doppler radar is tracking some moisture, most located a little bit further to the south. into the santa cruz mountains, you can see scattered showers continuing there. downpours just north so watch out for that along the 101 you might see a couple sprinkles, too, but otherwise you're headed out the door. partly to mostly cloudy skies this morning. temperatures are running in the 40s and 50s. by the afternoon, not as windy. it is still going to be very cool, only in the mid 50s out toward the coastline. 50s inside the bay, partly cloudy skies and mid 60s in some of the waerms valleys. so low pressure going to slowly be make its way out of town. that means the high pressure going to be sneak in. that's good news as we head in toward halloween for all the trick or treaters. unseasonably cool, though, for today. looks like that ridge will start to build in. the temperatures will start to warm up, too. around the state, if you haed to the high country, be careful. bring those chains with you. 41 degrees in lake tahoe.

47 in yosemite. 60s into the central valley. 56 degrees in monterey bay. temperatures around our bay in the 50s and mid 60s in the warmest areas, and that's it. looks like tomorrow we start to warm things up with more sunshine. dry on halloween for the trick or treaters. looks like it will be partly cloudy for the first part of the week ebd end. let's check out your traffic now. thank you, lawrence. now, we go toward it is great highway. it is shut down once again. pretty windy the past couple of days. both directions of the great highway in san francisco. we'll let you know when they reopen lanes. in the meantime, here's live look at the bay bridge toll plaza. it is pretty clear this morning all the way across the deck. no major problems all the way between the east bay and san francisco in either direction of the sand. san mateo bridge, this is the commute direction. all these taillights a little busy this morning for this time of the morning anyway, but the drive time still only about 13 minutes out of hayward, and if you're coming off to the high-rise, all these headlights

are heading towards the east bay. again, it's about the same drive time in either direction. they should be doing lane changings now on the golden gate bridge. overall, though, this drive time in the green down 101. it looks like novato through san rafael and down towards doyle drooe. that west wound 580 commute, like i said, so far in the green, usually one of our first spots to stack up. if you are traveling down eastbound 580, there is that normal this morning. that is your latest kcbs traffic. back to you guys. >> all right, elizabeth. thank you. a delegation of european diplomats is in washington demanding the u.s. limit the surveillance of their leaders. >> i think we have to make a clear distinction between fighting together terrorists but not spieg on friends. >> the white house is now considering ending spying on allied leaders. this comes after revelations the u.s. has been snoopg on german

chancellor since 2002. >> that information is important to keeping us safe. that's how we uncover terrorist plots. we've disrupted terrorist plots with this intelligence. we need to continue gathering information around the world. we also need to make sure we're targeting our efforts on threats. >> is that right diane feistein is calling for a total review of all programs. it is 4:49. coming up a kpix 5 exclusive. google's secret project happening on treasure island. that much more when we come back.

can you believe it? almost halloween. all you trick or treaters looking good. mostly clear. a little bit cool. no smook can i clouds even to talk about. looking very nice.

>> i know. everyone is excited. good trick or treating weather. and good driving weather. if you are about to start off your morning commute, everything is looking free and clear. here's a live look out the golden gate, and the san mateo bridge. we will have your latest traffic coming up no about ten minutes. suggest a flat open this morning on wall street. cbs money watch reporter says the fed is getting plenty of attention today. >> u.s. markets are paying close attention to the two-day federal reserve meeting that starts today. no big changes expected to the fed's economic stimulus program. yesterday, the s & p 500 closed at a record high for the sixth time this month. it edged up two months. the dow and nasdaq ended the day flat. apple this morning, the tech company announced its later quarterly report after the closing bell yechltd earnings fell 9 pkts. demand for apple's iphone is still high but lower-priced versions cut into profit. this is the third quarter in a

row apple's earnings have dropped from the previous year. shares of tesla dropped monday after reports that another one of its model s electric cars caught fire after a crash, this time in mexico. tesla say it is fact no one was hurt in the crash shows the car's high level of safety. this was the second high-profile tesla fire this month. consumer reports released its 2014 rankings for auto reliability. lexus, toyota and acura took the top three spots. audi, volvo and gmc are the only nonjapanese brands in the top then. consumer reports says it is not recommending two of mefshg's most popular cars, the honda accord v6. that's your money watch report. for more information follow me on twitter at gigi stone tv. at the new york stock exchange, i'm gigi stone. it is 4:53 now. google sup to something big on the bay. we just told you about it

friday. it involves a huge barge, and in a kpix 5 exclusive, martin says there could be a lot more. >> since kpix 5's story first ran on friday, word has surfaced of this second barge and container structure being built in portland, maine and possibly a third in connecticut. even the executive director of the agency that would issue permits to google to operate a barge here in san francisco bay has heard of multiple vessels. >> as far as we know, this is the only one around san francisco. we, like many other people, have seen the portland, maine newspaper, the picture of something that looks very much like this. larry with the baconer is vags and development committee confirmed it was google whose come to his agency several times about this project, but boog l has been vaguemented. >> when google has visited us, they have been less than specific about what they plan to do with the vessel. >> meanwhile the tech giant's supersecret project remains docked at pressure island.

while it's hard to miss something four stories high, insist it needs more specifics. the project has to be on the water. >> we shouldn't use the bay as a lost opportunity for that which can be done on land because the bay is special, and we need to ensure that whatever this permit is applied for actually fits into what the bay should be used for >> well-placed sources have told kpix 5 google's plan is to use the vessel as a floating mobile marketing and retail center for google glass. google's wearable computer that looks like half a pair of eyeglasses. it would be google's way of out doing apple's sitting retail stores, and google would start by towing the barge from treasure island and docking it at fort mason. one way google might be able to solve its permit requirement is if fort mason isn't the only place it plans to dock the barge. a barge is meant to not only float but be towed. >> but larry goldsban says it's not quite that simple.

>> there's been some speculation that, well, if they only keep it 30 days at fort mason, then move 30 days to oakland, 30 days here, 30 days there, they're not keeping it at any one spot. it is a unique water-only purpose. they couldn't do that on land. >> the question is is it a water-only purpose? we don't know what the purpose of this vessel is and so we don't know if this vessel's purpose is truly maritime related or whether it's not maritime related and so that has to be discovered as part of the permit process, as well. >> and unless google plans to finish construction and then leave the bay all together, goldsban says it still will have to get a permit. allen martin, kpix 5. >> right now, there's no time frame on completing either of those two barges. :56 right now. coming up, the big bay area city that could soon slap a tax on your soda. and it's being called the flight from hell. passengers stuck at a bay area airport for nearly 12 hours. what happened right after the

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griego. it took three planes and more than 12 hours before these passengers headed from oakland to utah even took off. >> i feel like people would stop drinking sugary show das. >> the sugary beverage battle is moving to san francisco. the city could soon slap a tax on your soda. >> we are mindful some of these disclosures have caused tension in your relationships. >> white house officials will meet with european union delegates later today after new revelations of the nsa spying on european al lice. from across the bay to around the world, the stories

that matter on kpix 5 news this morning. good morning, everyone. it's tuesday, october 29th. i'm michelle griego. >> i'm frank mallicot. it is 5:00. get you out the door now with a little weather. >> thank you very much but even i don't feel so great at these hours. kind of a transitional day. we've got our high def doppler radar out checking out your skies right now. for the most part, we are going to keep thingings dry outside, but i think as we head throughout the afternoon, we are going to see a few more clouds continuing to linker in our skies and then looks like more sunshine coming our way as high pressure going to be building in over the next couple days. so with that in mind, we've got nicer weather, but still going to be cool outside. temperatures this afternoon probably in the 50s coast side and then maybe some 60s out toward the coastline. little cool to start with right now. 40s and some 50s. not quite as windy, but these numbers running well below the average this time of year, al t